High Court · 2025

2. Heard Sri Brijesh Kumar Pandey, learned counsel for the applicants, Sri Birendra Pratap Singh, learned counsel for the State and perused the material on record.

3. This bail application under Section 483 of B.N.S.S. has been filed by the applicants Sahid @ Annu and Abrar, seeking enlargement on bail during trial in connection with Case Crime No. 298 of 2016, under Sections 376-D, 506 I.P.C., registered at Police Station Sahabad, District Rampur.

4. The FIR of the matter was lodged on 29.04.2016 by the victim against the applicants and four other persons alleging therein that her marriage was solemnized with Nasir around six years back in which gifts and dowry were given but the accused persons were not happy with it and there was torture and assault on her for extra dowry. Her husband used to indulge in unnatural sex with her and used to assault and threatened her that he would marry again. Her devar used to have an evil eye on her. She used to be beaten often. Around one and half years back she was assaulted and thrown out of the house and since then she was living in her maternal house. She came to know that her husband Nasir has solemnized marriage with some other woman a month back and in order to know the truth about it on 25.04.2016 at about 11:00 am she was coming to the village to know of it wherein the accused persons being her husband Nasir, devar Annu and chachiya sasur Abrar came to know of it and picked her on the way forcibly in a vehicle and took her in jungle and all three persons committed rape upon her. Report be lodged and action be taken.

5. Learned counsel for the applicants submitted that the applicants are the devar and chachiya sasur respectively of the first informant/victim and have been falsely implicated in the present case. It is submitted that even previously two FIRs were lodged for offences under Section 498-A IPC but final reports were submitted. It is submitted that a Division Bench of this Court vide order dated 25.10.2016 had stayed the arrest of the applicants and four others in a writ petition being Crl. Misc. Writ Petition No. 22439 of 2016 (Nasir and 5 others Vs. State of U.P. and 2 others) till submission of police report under Section 173(2) Cr.P.C. and had disposed of the same, copy of the order is annexed as annexure 5 to the affidavit. It is submitted further that after filing of charge sheet in the present matter, the applicants and two other accused persons challenged the same before this Court in Crl. Misc. Application U/s 482 No. 14567 of 2017 (Nasir and 3 others Vs. State of U.P. and another) in which the matter was referred to the mediation centre of this Court and further proceedings in the meantime was stayed till the next date of listing. It is submitted that under confusion that the proceedings have been stayed the applicants were living but despite the 482 petition pending till date the interim order therein was not extended and thus he has been arrested. It is submitted that the dispute is between the first informant and her husband and is matrimonial in nature. It is submitted while placing para 25 that apart from the present case, the applicants were involved in two other cases being matrimonial in nature in which final reports were submitted. It is submitted that co-accused Nasir the husband of the informant/victim has been granted bail today i.e. 02.07.2025 passed in Crl. Misc. Bail Application No. 21722 of 2025 (Nasir Vs. State of U.P.). The applicants are in jail since 28.05.2025.

6. Per contra, learned counsel for the State opposed the prayer for bail but could not dispute the fact that co-accused Nasir has been granted bail.

7. After having heard learned counsels for the parties and perusing the records, it is evident that the applicants are the devar and chachiya sasur respectively of the victim/first informant. The arrest of the applicants was stayed during investigation. The matter after submission of charge sheet was referred to the mediation centre in the said 482 petition by this Court, the said petition is till date pending for disposal which is stated in para 22 of the affidavit. Co- accused Nasir the husband of the informant/victim has been granted bail by this Court today.

8. Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicants may be enlarged on bail.

9. Let the applicants Sahid @ Annu and Abrar, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- i) The applicants will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. ii) The applicants will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever. (iii) The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (iv) The applicants will not misuse the liberty of bail in any manner whatsoever. In case, the applicants misuse the liberty of bail during trial and in order to secure their presence proclamation under section 82 Cr.P.C., may be issued and if applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under section 174-A I.P.C. (v) The applicants shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicants are deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against them in accordance with law and the trial court may proceed against them under Section 229-A IPC. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicants.

10. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicants to prison.

11. The bail application is allowed.

12. Pending application(s), if any, shall stand disposed of. Order Date :- 2.7.2025 M. ARIF (Samit Gopal, J.) MOHAMMAD ARIF MOHAMMAD ARIF High Court of Judicature at Allahabad High Court of Judicature at Allahabad

2. Heard Sri Brijesh Kumar Pandey, learned counsel for the applicants, Sri Birendra Pratap Singh, learned counsel for the State and perused the material on record.

3. This bail application under Section 483 of B.N.S.S. has been filed by the applicants Sahid @ Annu and Abrar, seeking enlargement on bail during trial in connection with Case Crime No. 298 of 2016, under Sections 376-D, 506 I.P.C., registered at Police Station Sahabad, District Rampur.

4. The FIR of the matter was lodged on 29.04.2016 by the victim against the applicants and four other persons alleging therein that her marriage was solemnized with Nasir around six years back in which gifts and dowry were given but the accused persons were not happy with it and there was torture and assault on her for extra dowry. Her husband used to indulge in unnatural sex with her and used to assault and threatened her that he would marry again. Her devar used to have an evil eye on her. She used to be beaten often. Around one and half years back she was assaulted and thrown out of the house and since then she was living in her maternal house. She came to know that her husband Nasir has solemnized marriage with some other woman a month back and in order to know the truth about it on 25.04.2016 at about 11:00 am she was coming to the village to know of it wherein the accused persons being her husband Nasir, devar Annu and chachiya sasur Abrar came to know of it and picked her on the way forcibly in a vehicle and took her in jungle and all three persons committed rape upon her. Report be lodged and action be taken.

5. Learned counsel for the applicants submitted that the applicants are the devar and chachiya sasur respectively of the first informant/victim and have been falsely implicated in the present case. It is submitted that even previously two FIRs were lodged for offences under Section 498-A IPC but final reports were submitted. It is submitted that a Division Bench of this Court vide order dated 25.10.2016 had stayed the arrest of the applicants and four others in a writ petition being Crl. Misc. Writ Petition No. 22439 of 2016 (Nasir and 5 others Vs. State of U.P. and 2 others) till submission of police report under Section 173(2) Cr.P.C. and had disposed of the same, copy of the order is annexed as annexure 5 to the affidavit. It is submitted further that after filing of charge sheet in the present matter, the applicants and two other accused persons challenged the same before this Court in Crl. Misc. Application U/s 482 No. 14567 of 2017 (Nasir and 3 others Vs. State of U.P. and another) in which the matter was referred to the mediation centre of this Court and further proceedings in the meantime was stayed till the next date of listing. It is submitted that under confusion that the proceedings have been stayed the applicants were living but despite the 482 petition pending till date the interim order therein was not extended and thus he has been arrested. It is submitted that the dispute is between the first informant and her husband and is matrimonial in nature. It is submitted while placing para 25 that apart from the present case, the applicants were involved in two other cases being matrimonial in nature in which final reports were submitted. It is submitted that co-accused Nasir the husband of the informant/victim has been granted bail today i.e. 02.07.2025 passed in Crl. Misc. Bail Application No. 21722 of 2025 (Nasir Vs. State of U.P.). The applicants are in jail since 28.05.2025.

6. Per contra, learned counsel for the State opposed the prayer for bail but could not dispute the fact that co-accused Nasir has been granted bail.

7. After having heard learned counsels for the parties and perusing the records, it is evident that the applicants are the devar and chachiya sasur respectively of the victim/first informant. The arrest of the applicants was stayed during investigation. The matter after submission of charge sheet was referred to the mediation centre in the said 482 petition by this Court, the said petition is till date pending for disposal which is stated in para 22 of the affidavit. Co- accused Nasir the husband of the informant/victim has been granted bail by this Court today.

8. Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicants may be enlarged on bail.

9. Let the applicants Sahid @ Annu and Abrar, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- i) The applicants will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. ii) The applicants will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever. (iii) The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (iv) The applicants will not misuse the liberty of bail in any manner whatsoever. In case, the applicants misuse the liberty of bail during trial and in order to secure their presence proclamation under section 82 Cr.P.C., may be issued and if applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under section 174-A I.P.C. (v) The applicants shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicants are deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against them in accordance with law and the trial court may proceed against them under Section 229-A IPC. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicants.

10. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicants to prison.

11. The bail application is allowed.

12. Pending application(s), if any, shall stand disposed of. Order Date :- 2.7.2025 M. ARIF (Samit Gopal, J.) MOHAMMAD ARIF MOHAMMAD ARIF High Court of Judicature at Allahabad High Court of Judicature at Allahabad